#THE INDIAN EASEMENTS ACT, 1882 
_______ 

##ARRANGEMENT OF SECTIONS 
_______ 

PRELIMINARY 

###PREAMBLE 

SECTIONS 

1. Short title. 
  Local extent. 
  Commencement. 
2. Savings. 
3. Construction of certain references to Act 15 of 1877 and Act 9 of 1871. 

###CHAPTER I 

###OF EASEMENTS GENERALLY 

4. “Easement” defined. 
  Dominant and servient heritages and owners. 
5. Continuous and discontinuous, apparent and non-apparent, easements. 
6. Easement for limited time or on condition. 
7. Easements restrictive of certain rights. 
  (a) Exclusive right to enjoy. 
  (b) Rights to advantages arising from situation. 

###CHAPTER II 

###THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS 

8. Who may impose easements. 
9. Servient owners. 
10. Lessor and mortgagor. 
11. Lessee. 
12. Who may acquire easements. 
13. Easements of necessity and quasi easements. 
14. Direction of way of necessity. 
15. Acquisition by prescription. 
16. Exclusion in favour of reversioner of servient heritage. 
17. Rights which cannot be acquired by prescription. 
18. Customary easements. 
19. Transfer of dominant heritage passes easement. 

 
 
###CHAPTER III 

###THE INCIDENTS OF EASEMENTS 

20. Rules controlled by contract or title. 
     Incidents of customary easements. 
21. Bar to use unconnected with enjoyment. 
22. Exercise of ease dent. 
     Confinement of exercise of easement. 
23. Right to alter mode of enjoyment. 
24. Right to do acts to secure enjoyment. 
     Accessory rights. 
25. Liability for expenses necessary for preservation of easement. 
26. Liability for damage from want of repair. 
27. Servient owner not bound to do anything. 
28. Extent of easements. 
     Easement of necessity. 

    Other easements. 

       (a) Right of way. 
       (b) Right to light or air acquired by grant. 
       (c) Prescriptive right to light or air. 
       (d) Prescriptive right to pollute air or water. 
       (e) Other prescriptive rights. 

29. Increase of easement. 
30. Partition of dominant heritage. 
31. Obstruction in case of excessive user. 

###CHAPTER IV 

###THE DISTURBANCE OF EASEMENTS 

32. Right to enjoyment without disturbance. 
33. Suit for disturbance of easement. 
34. When cause of action arises for removal of support. 
35. Injunction to restrain disturbance. 
36. Abatement of obstruction of easement. 

###CHAPTER V 

###THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS 

37. Extinction by dissolution of right of servient owner. 
38. Extinction by release. 
39. Extinction by revocation. 
40. Extinction on expiration of limited period or happening of dissolving condition. 
41. Extinction on termination of necessity. 
42. Extinction of useless easement. 
43. Extinction by permanent Change in dominant heritage. 
44. Extinction on permanent alteration of servient heritage by superior force. 
45. Extinction by destruction of either heritage. 
46. Extinction by unity of ownership. 
47. Extinction by non-enjoyment. 
48. Extinction of accessory rights. 
49. Suspension of easement. 
50. Servient owner not entitled to require continuance. 
     Compensation for damage caused by extinguishment or suspension. 
51. Revival of easements. 

###CHAPTER VI 

###LICENSES 

52. “License” defined. 
53. Who may grant license. 
54. Grant may be express or implied. 
55. Accessory licenses annexed by law. 
56. License when transferable. 
57. Grantor’s duty to disclose defects. 
58. Grantor’s duty not to render property unsafe. 
59. Grantor’s transferee not bound by license. 
60. License when revocable. 
61. Revocation express or implied. 
62. License when deemed revoked. 
63. Licensee’s rights on revocation. 
64. Licensee’s rights on eviction. 



#THE INDIAN EASEMENTS ACT, 1882 

##ACT NO. 5 OF 1882

[17th February, 1882.] 

An Act to define and amend the law relating to Easements and Licenses. 

**Preamble.**—WHEREAS  it  is  expedient  to  define  and  amend  the  law  relating  to  Easements  and 
Licenses; It is hereby enacted as follows:— 

###PRELIMINARY 

1. **Short title.**—This Act may be called the Indian Easements Act, 1882. 

**Local extent.**—It extends[^2] to the territories respectively administered by the Governor of Madras 
in Council and the Chief Commissioners of the Central Provinces and Coorg; 

**Commencement.**—and it shall come into force on the first day of July, 1882. 

###STATE AMENDMENTS 

**Karnataka**

**Amendment of Central Act V of 1882.**—In  section  1  of  the  Indian  Easements  Act,  1882 
(Central Act V of 1882) for the entry under the heading “Local extent”, the following entry shall be 
substituted, namely: — 

“It extends to the whole of the State of Karnataka”. 

*[Vide* Karnataka Act 33 of 1978, s. 6]. 

2. **Savings.**—Nothing  herein  contained  shall  be  deemed  to  affect  any  law  not  hereby  expressly 
repealed; or to derogate from— 

  (a) any right of the Government to regulate the collection, retention and distribution of the 
water of rivers and streams flowing in natural channels, and of natural lakes and ponds, or of the 
water flowing, collected, retained or distributed in or by any channel or other work constructed at 
the public expense for irrigation; 

  (b) any customary or other right (not being a license) in or over immovable property which the 
Government, the public or any person may possess irrespective of other immovable property; or 

  (c) any right acquired, or arising out of a relation created, before this Act comes into force. 

3. **Construction of certain references to Act 15 of 1877 and Act 9 of 1871.**—All references in 
any Act or Regulation to sections 26 and 27 of the Indian Limitation Act, 1877 or to sections 27 and 
28 of Act No. 9 of 18716 shall, in the territories to which this Act extends, be read as made to sections 
15 and 16 of this Act.

[^2]. The Act was extended to— 

  (1) Ajmer-Merwara by notification under s. 5 of the Scheduled Districts Act, 1874 (14 of 1874), see Gazette of India, 
1897, Pt. II, p. 1413; 

  (2) Bombay and the U.P. by Act 8 of 1891 and continued in force, with modifications, in the territory transferred to 
Delhi State, see the Delhi Laws Act, 1915 (7 of 1915), s. 3 and the Third Schedule; 

  (3) Whole of Madhya Pradesh by Madhya Pradesh Act 23 of 1958; 
  (4) Punjab by Punjab Act 29 of 1961; 
  (5) Kerala by Kerala Act 5 of 1962; 
  (6) Pondicherry by Act 26 of 1968, s. 3 and Schedule. 
  (7) Extended to the Union territory of Jammu and Kashmir and Union territory of Ladakh by Act 34 of 2019 s. 95 and 
the Fifth Schedule (w.e.f. 31-10- 2019). 

The Act has been repealed in its application to Bellary District by Mysore Act 14 of 1955. 



##CHAPTER I 

###OF EASEMENTS GENERALLY 

4. **“Easement” defined.**—An  easement  is  a  right  which  the  owner  or  occupier  of  certain 
land possesses, as  such,  for the beneficial enjoyment of that land, to  do and continue to  do 
something, or to prevent and continue to prevent something being done, in or upon, or in respect of, 
certain other land not his own. 

**Dominant and servient heritages and owners.**—The land for the beneficial enjoyment of which 
the right exists is called the dominant heritage, and the owner or occupier thereof the dominant owner; 
the land on which the liability is imposed is called the servient heritage, and the owner or occupier 
thereof the servient owner. 

*Explanation.*—In the first and second clauses of this section, the expression  “land” includes also 
things permanently attached to the earth; the expression “beneficial enjoyment” includes also possible 
convenience,  remote  advantage,  and  even  a  mere  amenity;  and  the  expression  “to  do  something” 
includes  removal  and  appropriation  by  the  dominant  owner,  for  the  beneficial  enjoyment  of  the 
dominant heritage, of any part of the soil of the servient heritage or anything growing or subsisting 
thereon. 

*Illustrations*

  (a) A, as the owner of a certain house, has a  right of  way either over his neighbour B’s land for purposes 
connected with the beneficial enjoyment of the house. This is an easement. 

  (b) A, as the owner of a certain house, has the right to go on his neighbour B’s land, and to take water for the 
purposes of his household out of a spring therein. This is an easement. 

  (c) A, as the owner of a certain house, has the right to conduct water from B’s stream to supply the fountains 
in the garden attached to the house. This is an easement. 

  (d) A, as the owner of a certain house and farm, has the right to graze a certain number of his own cattle on 
B’s  field,  or  to  take,  for  the  purpose  of  being  used  in  the  house,  by  himself,  his  family,  guests,  lodgers  and 
servants,  water or fish out of  C’s tank, or timber out of D’s  wood, or to use, for the purpose  of manuring his 
land, the leaves which have fallen from the trees on E’s land. These are easements. 

  (e) A dedicates to the public the right to occupy the surface of certain land for the purpose of passing and re-
passing. This right is not an easement. 

  (f) A is bound to cleanse a water course running through his land and keep it free from obstruction for the 
benefit of B, a lower riparian owner. This is not an easement. 

5. **Continuous and discontinuous, apparent and non-apparent, easements.**— Easements are 
either continuous or discontinuous, apparent or non-apparent. 

  A continuous easement is one whose enjoyment is, or may be, continual without the act of man. 

  A discontinuous easement is one that needs the act of man for its enjoyment. 

  An apparent easement is one the existence of which is shown by some permanent sign which, upon 
careful inspection by a competent person, would be visible to him. 

  A non-apparent easement is one that has no such sign. 

*Illustrations*

  (a) A right annexed to B’s house to receive light by the windows without obstruction by his neighbour A. 
This is a continuous easement. 

  (b) A right of way annexed to A’s house over B’s land. This is a discontinuous easement. 

  (c) Rights annexed to A’s land to lead water thither across B’s land by an aqueduct and to draw off water 
thence  by  a  drain.  The  drain  would be discovered upon careful inspection by a person conversant with  such 
matters. These are apparent easements. 

  (d) A  right  annexed  to  A’s  house  to  prevent  B  from  building  on  his  own  land.  This  is  a  non-apparent 
easement. 

6. **Easement for limited time or on condition.**—An easement may be permanent, or for a term of 
years  or  other  limited  period,  or  subject  to  periodical  interruption,  or  exercisable  only  at  a  certain 
place  or  at  certain  times,  or  between certain hours, or for a particular purpose, or on 
condition that it shall commence or become void or voidable on the happening of a specified event or the 
performance or non-performance of a specified act. 

7. **Easements restrictive of certain rights.**—Easements  are  restrictions  of  one  or  other  of  the 
following rights (namely):— 

  (a) **Exclusive right to enjoy.**—The exclusive right of every owner of immovable property (subject 
to any law for the time being in force) to enjoy and dispose of the same and all products thereof and 
accessions thereto. 

  (b) **Rights to advantages arising from situation.**—The  right  of  every  owner  of  immovable 
property (subject to any law for the time being in force) to enjoy without disturbance try another the 
natural advantages arising from its situation. 

*Illustrations of the rights above referred to*

  (a) The exclusive right of every owner of land in a town to build on such land, subject to any municipal law for the 
time being in force. 

  (b) The  right  of  every  owner  of  land  that  the  air  passing  thereto  shall  not  be  unreasonably  polluted  by  other 
persons. 

  (c) The  right  of  every  owner  of  a  house  that  his  physical  comfort  shall  not  be  interfered  with  materially  and 
unreasonably by noise or vibration caused by any other person. 

  (d) The right of every owner of land to so much light and air as pass vertically thereto. 

  (e) The  right  of  every  owner  of  land  that  such  land,  in  its  natural  condition,  shall  have  the  support  naturally 
rendered by the subjacent and adjacent soil of another person. 

*Explanation.*—Land is in its natural condition when it is not excavated and not subjected to artificial pressure; and 
the “subjacent and adjacent soil" mentioned in this illustration means such soil only as in its natural condition would 
support the dominant heritage in its natural condition. 

  (f) The right of every owner of land that, within his own limits, the water which naturally passes or percolates by, 
over or through his land shall not, before so passing or percolating, be unreasonably polluted by other persons. 

  (g) The right of every owner of land to collect and dispose within his own limits of all water under the land which 
does not pass in a defined channel and all water on its surface which does not pass in a defined channel. 

  (h) The right of every owner of land that the water of every natural stream which passes by, through or over his 
land  in  a  defined  natural  channel  shall  be  allowed  by  other  persons  to  flow  within  such  owner’s  limits  without 
interruption  and  without  material  alteration  in  quantity,  direction,  force  or  temperature;  the  right  of  every  owner  of 
land abutting on a natural lake or pond into or out of which a natural stream flows, that the water of such lake or pond 
shall  be  allowed  by  other  persons  to  remain  within  such  owner’s  limits  without  material  alteration  in  quantity  or 
temperature. 

  (i) The right of every owner of upper land that water naturally rising in, or falling on, such land, and not passing in 
defined channels, shall be allowed by the owner of adjacent dower land to run naturally thereto. 

  (j) The right of every owner of land abutting on a natural stream, lake or pond to use and consume its water for 
drinking, household purposes and watering his cattle and sheep; and the right of every such owner to use and consume 
the water for irrigating such land, and for the purposes of any manufactory situate thereon, provided that he does not 
thereby cause material injury to other like owners. 

*Explanation.*—A natural stream is a stream, whether permanent or intermittent, tidal or tideless, on the surface of 
land or underground, which flows by the operation of nature only and in a natural and known course. 

##CHAPTER II 

###THE IMPOSITION, ACQUISITION AND TRANSFER OF EASEMENTS 

8. **Who may impose easements.**—An easement may be imposed by any one in the circumstances, 
and to the extent, in and to which he may transfer his interest in the heritage on which the liability is 
to be imposed. 

*Illustrations*

  (a) A is tenant of B’s land under a lease for an unexpired term of twenty  years, and has power to transfer his interest 
under the lease. A may impose an easement on the land to continue during the time that the lease exists or for any shorter 
period. 

  (b) A  is  tenant  for  his  life  of  certain  land  with  remainder  to  B  absolutely.  A  cannot,  unless  with  B’s  consent, 
impose an easement thereon which will continue after the determination of his life-interest. 

  (c) A, B and C are co-owners of certain land. A cannot, without the consent of B and C, impose an easement on 
the land or on any part thereof. 

  (d) A and B are lessees of the same lessor, A of a field X for a term of five years, and B of a field Y for a term of 
ten years. A’s interest under his lease is transferable; B’s is not. A may impose on X, in favour of B, a right of way 
terminable with A’s lease. 

9. **Servient owners.**—Subject to the provisions of section 8, a servient owner may impose on the 
servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, 
without the consent of the dominant owner, impose an easement on the servient heritage which would 
lessen such utility. 

*Illustrations*

  (a) A has, in respect of his mill, a right to the uninterrupted flow thereto, from sunrise to noon, of the water 
of B’s stream. B may grant to C the right to divert the water of the stream from noon to sunset: provided that 
A’s supply is not thereby diminished. 

  (b) A  has,  in  respect  of  his  house,  a  right  of  way  over  B's  land.  B  may  grant  to  C,  as  the  owner  of  a 
neighbouring farm, the right to feed his cattle on the grass growing on the way: provided that A’s right of way is 
not thereby obstructed. 

10. **Lessor and mortgagor.**—Subject to the provisions of section 8, a lessor may impose, on the 
property  leased,  any  easement  that  does  not  derogate  from  the  rights  of  the  lessee  as  such,  and  a 
mortgagor  may  impose,  on  the  property  mortgaged,  any  easement  that  does  not  render  the  security 
insufficient. But a lessor or mortgagor cannot, without the consent of the lessee or mortgagee, impose 
any other easement on such property, unless it be to take effect on the termination of the lease or the 
redemption of the mortgage. 

*Explanation.*—A security is insufficient within the meaning of this section unless the value of the 
mortgaged  property  exceeds  by  one-third,  or,  if  consisting  of  buildings,  exceeds  by  one-half,  the 
amount for the time being due on the mortgage. 

11. **Lessee.**—No lessee or other person having a derivative interest may impose on the property 
held by him as such an easement to take effect after the expiration of his own interest, or in derogation 
of the right of the lessor or the superior proprietor. 

12. **Who may acquire easements.**—An  easement  may  be  acquired  by  the  owner  of  the 
immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by 
any person in possession of the same. 

  One of two or more co-owners of immovable property may, as such, with or without the consent of 
the other or others, acquire an easement for the beneficial enjoyment of such property. 

  No  lessee  of  immovable  property  can  acquire,  for  the  beneficial  enjoyment  of  other  immovable 
property of his own, an easement in or over the property comprised in his lease. 

13. **Easements  of  necessity and quasi easements.**—Where one person  transfers  or  bequeaths 
immovable property to another,— 

  (a) if  an  easement  in  other  immovable  property  of  the  transferor  or  testator  is  necessary  for 
enjoying  the subject  of the  transfer  or  bequest,  the transferee  or legatee shall  be  entitled to  such 
easement; or 

  (b) if such an easement is apparent and continuous and necessary for enjoying the said subject 
as it was enjoyed when the transfer or bequest took effect, the transferee or legatee shall, unless a 
different intention is expressed or necessarily implied, be entitled to such easement; 

  (c) if  an  easement  in  the  subject  of  the  transfer  or  bequest  is  necessary  for  enjoying 
other immovable property of the transferor or testator, the transferor or the legal representative of 
the testator shall be entitled to such easement; or 

  (d) if such an easement is apparent and continuous and necessary for enjoying the said property 
as it was enjoyed when the transfer or bequest took effect, the transferor, or the legal representative 
of the testator, shall unless a different intention is expressed or necessarily implied, be entitled to 
such easement. 

  Where a partition is made of the joint property of several persons,— 

  (e) if an easement over the share of one of them is necessary for enjoying the share of another 
of them, the latter shall be entitled to such easement; or 

  (f) if such an easement is apparent and continuous and necessary for enjoying the share of the 
latter  as  it  was  enjoyed  when  the  partition  took  effect,  he  shall,  unless  a  different  intention  is 
expressed or necessarily implied, be entitled to such easement. 

  The easements mentioned in this section, clauses (a), (c) and (e), are called easements of necessity. 

  Where immovable property passes by operation of law, the persons from and to whom it so passes 
are, for the purpose of this section, to be deemed, respectively, the transferor and transferee. 

*Illustrations*

  (a) A sells B a field then used for agricultural purposes only. It is inaccessible except by passing over A’s 
adjoining  land  or  by  trespassing  on  the  land  of  a  stranger.  B  is  entitled  to  a  right  of  way,  for  agricultural 
purposes only, over A’s adjoining land to the field sold. 

  (b) A, the owner of two fields, sells one to B, and retains the other. The field retained was at the date of the 
sale  used  for  agricultural  purposes  only  and  is  inaccessible  except  by  passing  over  the  field  sold  to  B.  A  is 
entitled to a right of way, for agricultural purposes only, over B’s field to the field retained. 

  (c) A sells B a house with windows overlooking A’s land, which A retains. The light which passes over A’s 
land to the windows is necessary for enjoying the house as it war enjoyed when the sale took effect. B is entitled 
to the light, and A cannot afterwards obstruct it by building on his land. 

  (d) A sells B a house with windows overlooking A’s land. The light passing over A’s land to the windows is 
necessary for enjoying the house as it was enjoyed when the sale took effect. Afterwards A sells the lard to C. 
Here C cannot obstruct the light by building on the land, for he takes it subject to the burdens to which it was 
subject in A’s hands. 

  (e) A  is  the  owner  of  a  house  and  adjoining  land.  The  house  has  windows  overlooking  the  land.  A 
simultaneously sells the house to B and the land to C. The light passing over the land is necessary for enjoying 
the house as it was enjoyed when the sale took effect. Here A inipliedly grants B a right to the light, and C takes 
the land subject to the restriction that he may not build so as to obstruct such light. 

  (f) A is the owner of a house and adjoining land. The house has windows over-looking the land. A, retaining 
the  house,  sells  the  land  to  B,  without  expressly  reserving  any  easement.  The  light  passing  over  the  land  is 
necessary for enjoying the house as it was enjoyed when the sale took effect.  A is entitled to the light, and B 
cannot build on the land so as to obstruct such light. 

  (g) A, the owner of a house, sells B a factory built on adjoining land. B is entitled, as against A, to pollute 
the air, when necessary, with smoke and vapours from the factory. 

  (h) A, the owner of two adjoining houses, Y and Z, sells Y to B, and retains Z. B is entitled to the benefit of 
all the gutters and drains common to the two houses and necessary for enjoying Y as it was enjoyed when the 
sale  took  effect,  and  A  is  entitled  to  the  benefit  of  all  the  gutters  and  drains  common  to  the  two  houses  and 
necessary for enjoying Z as it was enjoyed when the sale took effect. 

  (i) A,  the  owner  of  two  adjoining  buildings,  sells  one  to  B,  retaining  the  other.  B  is  entitled  to  a  right  to 
lateral support from A’s building, and A is entitled to a right to lateral support from B’s building. 

  (j) A, the owner of two adjoining buildings, sells one to B, and the other to C. C is entitled to lateral support 
from B’s building, and B is entitled to lateral support from C’s 

  (k) A  grants  lands  to  B  for  the  purpose  of  building  a  house  thereon.  B  is  entitled  to  such  amount  of  and 
subjacent support from A’s land as is necessary for the safety of the house. 

  (l) Under the Land Aquisition Act, 1870[^1] (10 of 1870), a Railway Company compulsorily acquires a portion 
of B's land for the purpose of making a siding. The Company is entitled to such amount of lateral support from 
B's adjoining land as is essential for the safety of the siding. 

  (m) Owing to the partition of joint property, A becomes the  owner  of an  upper room in a building, and B 
becomes the owner of the portion of the building immediately beneath it. A is entitled to such amount of vertical 
support from B's portion as is essential for the safety of the upper room. 

  (n) A lets a house and grounds to B for a particular business. B has no access to them other than by crossing 
A’s land. B is entitled to a right of way over that land suitable to the business to be carried on by B in the house 
and grounds. 

14. **Direction of way of necessity.**—When a right to a way of necessity is created under section 
13,  the  transferor,  the  legal  representative  of  the  testator,  or  the  owner  of  the  share  over  which  the 
right  is  exercised,  as  the  case  may  be,  is  entitled  to  set  out  the  way;  but  it  must  be  reasonably 
convenient for the dominant owner. 

  When the person so entitled to set out the way refuses or neglects to do so, the dominant owner 
may set it out. 

15. **Acquisition by prescription.**—Where the access and use of light or air to and for any building 
have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, 

  and where support from one person’s land, or things affixed thereto, has been peaceably received 
by another person’s land subjected to artificial pressure or by things affixed thereto, as an easement, 
without interruption, and for twenty years, 

  and where a right of way  or any other easement has been peaceably and openly enjoyed by any 
person  claiming  title  thereto,  as  an  easement,  and  as  of  right,  without  interruption,  and  for  twenty 
years, 

  the right to such access and use of light or air, support or other easement shall be absolute. 

  Each of the said periods of twenty years shall be taken to be a period ending within two years next 
before the institution of the suit wherein the claim to which such period relates is contested. 

  *Explanation I.*—Nothing is an enjoyment within the meaning of this section when it has been had 
in  pursuance  of  an  agreement  with  the  owner  or  occupier  of  the  property  over  which  the  right  is 
claimed, and it is apparent from the agreement that such right has not been granted as an easement, or, 
if granted as an easement, that it has been granted for a limited period, or subject to a condition on the 
fulfilment of which it is to cease. 

  *Explanation II.*—Nothing is an interruption within the meaning of this section unless where there 
is an actual cessation of the enjoyment by reason of an obstruction by the act of some person other 
than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the 
claimant has notice thereof and of the person making or authorising the same to be made. 

  *Explanation III.*—Suspension of enjoyment in pursuance of a contract between the dominant and 
servient owners is not an interruption within the meaning of this section. 

  *Explanation IV.*—In  the  case  of  an  easement  to  pollute  water,  the  said  period  of  twenty  years 
begins when the pollution first prejudices perceptibly the servient heritage. 

  When the property over which a right is claimed under this section belongs to Government this 
section shall be read as if, for the words “twenty years”, the words “thirty years” were substituted. 

[^1]. See now the Land Acquisition Act, 1894 (1 of 1894). 

 
 
*Illustrations*

  (a) A suit is brought in 1883 for obstructing a right of way. The defendant  admits the obstruction, 
but denies the  right of  way. The  plaintiff proves that the right  was peaceably and openly enjoyed by 
him, claiming title thereto as an easement and as of right, without interruption, from 1st January, 1862 
to 1st January, 1882. The plaintiff is entitled to judgment. 

  (b) In  a  like  suit  the  plaintiff  shows  that  the  right  was  peaceably  and  openly  enjoyed  by  him  for 
twenty years. The defendant proves that for a year of that time the plaintiff was entitled to possession 
of  the  servient  heritage  as  lessee  thereof  and  enjoyed  the  right  as  such  lessee.  The  suit  shall  be 
dismissed, for the right of way has not been enjoyed “as an easement” for twenty years. 

  (c) In  a  like  suit  the  plaintiff  shows  that  the  right  was  peaceably  and  openly  enjoyed  by  him  for 
twenty  years.  The  defendant  proves  that  the  plaintiff  on  one  occasion  during  the  twenty  years  had 
admitted  that  the  user  was  not  of  right  and  asked  his  leave  to  enjoyed  the  right.  The  suit  shall  be 
dismissed, for the right of way has not been enjoyed “as of right” for twenty years. 

16. **Exclusion in favour of reversioner of servient heritage.**—Provided that, when any 
land upon, over or from which any easement has been enjoyed or derived has been held under 
or  by  virtue  of  any  interest  for  life  or  any  term  of  years  exceeding  three  years  from  the 
granting thereof, the time of the enjoyment of such easement during the continuance of such 
interest  or  term  shall  be  excluded  in  the  computation  of  the  said  last-mentioned  period  of 
twenty  years,  in  case  the  claim  is,  within  three  years  next  after  the  determination  of  such 
interest or term, resisted by the person entitled, on such determination, to the said land. 

*Illustration*

  A sues  for  a  declaration  that  he  is  entitled  to  a  right  of  way  over  B’s  land.  A  proves  that  he  has 
enjoyed the right for twenty-five years; but B shows that during ten of these years C had a life-interest 
in the land; that on C’s death B became entitled to the land; and that within two years after C’s death he 
contested A’s claim to the right. The suit must he dismissed, as A, with reference to the provisions of 
this section, has only proved enjoyment for fifteen years. 

17. **Rights which cannot be acquired by prescription.**—Easements  acquired  under 
section 15 are said to be acquired by prescription, and are called prescriptive rights. 

  None of the following rights can be so acquired:— 

     (a) a right which would tend to the total destruction of the subject of the right, or the 
property on which, if the acquisition were made, liability would be imposed; 

     (b) a right to the free passage of light or air to an open space of ground; 

     (c) a right to surface-water not flowing in a stream and not permanently collected in a 
pool, tank or otherwise; 

     (d) a right to underground water not passing in a defined channel. 

18. **Customary easement.**—An easement may be acquired in virtue of a local custom. 
Such easements are called customary easements. 

*Illustrations*

  (a) By the custom of a certain village every cultivator of village land is entitled, as such, to graze 
his  cattle  on  the  common  pasture.  A  having  become  the  tenant  of  a  plot  of  uncultivated  land  in  the 
village  breaks  up  and  cultivates  that  plot.  He  thereby  acquires  an  easement  to  graze  his  cattle  in 
accordance with the custom. 

  (b) By  the  custom  of  a  certain  town  no  owner  or  occupier  of  a  house  can  open  a  new  window 
therein  so  as  substantially  to  invade  his  neighbour’s  privacy.  A  builds  a  house  in  the  town  near  B’s 
house.  A  thereupon  acquires  an  easement  that  B  shall  not  open  new  windows  in  his  house  so  as  to 
command a view of the portions of A’s house which are ordinarily excluded from observation, and B 
acquires a like easement with respect to A’s house. 

19. **Transfer of dominant heritage passes easement.**—Where the dominant heritage is 
transferred  or  devolves,  by  act  of  parties  or  by  operation  of  law,  the  transfer  or  devolution 
shall,  unless  a  contrary  intention  appears,  be  deemed  to  pass  the  easement  to  the  person  in 
whose favour the transfer or devolution takes place. 

*Illustration*

  A has certain land to which a right of way is annexed. A lets the land to B for twenty years. The right of way 
vests in B and his legal representative so long as the lease continues. 

###CHAPTER III 

###THE INCIDENTS OF EASEMENTS 

20. **Rules controlled by contract or title.**—The rules contained in this Chapter are controlled by 
any contract between the dominant and  servient owners relating to the servient heritage, and by the 
provisions of the instrument or decree, if any, by which the easement referred to was imposed. 

**Incidents of customary easements.**—And  when  any  incident  of  any  customary  easement  is 
inconsistent with such rules, nothing in this Chapter shall affect such incident. 

21. **Bar to use unconnected with enjoyment.**—An easement must not be used for any purpose 
not connected with the enjoyment of the dominant heritage. 

*Illustrations*

  (a) A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z, 
the  beneficial  enjoyment  of  which  is  not  necessary  for  the  beneficial  enjoyment  of  Y.  He  must  not  use  the 
easement for the purpose of passing to and from Z. 

  (b) A, as owner of a certain house, has a right of way to and from it. For the purpose of passing to and from 
the house, the right may be used, not only by A, but by the members of his family, his guests, lodgers, servants, 
workmen, visitors and customers; for this is a purpose connected with the enjoyment of the dominant heritage. 
So, if A lets the house,  he  may use the right of  way  for the  purpose of collecting the rent and seeing that the 
house is kept in repair. 

22. **Exercise of easement Confinement of exercise of easement.**—The  dominant  owner  must 
exercise his right in the mode which is least onerous to the servient owner; and when the exercise of 
an  easement  can  without  detriment  to  the  dominant  owner  be  confined  to  a  determinate  part  of the 
servient heritage, such exercise shall, at the request of the servient owner, be so confined. 

*Illustrations*

  (a) A has a right of way over B’s field. A must enter the way at either end and not at any intermediate point. 

  (b) A has a right annexed to his house to cut thatching-grass in B’s swamp. A, when exercising his easement, 
must cut the grass so that the plants may not be destroyed. 

23. **Right to alter mode of enjoyment.**—Subject  to  the  provisions  of  section  22,  the  dominant 
owner may, from time to time, alter the mode and place of enjoying the easement, provided that he 
does not thereby impose any additional burden on the servient heritage. 

*Exception.*—The  dominant  owner  of  a  right  of  way  cannot  vary  his  line  of  passage  at  pleasure, 
even though he does not thereby impose any additional burden on the servient heritage. 

*Illustrations*

  (a) A, the owner of a saw-mill, has a right to a flow of water sufficient to work the mill. He may convert the 
sawmill into a corn-mill, provided that it can be worked by the same amount of water. 

  (b) A has a right to discharge on B’s land the rain-water from the eaves of A’s house. This does not entitle A 
to advance his eaves if, by so doing, he imposes a greater burden on B’s land. 

  (c) A,  as  the  owner  of  a  paper-mill,  acquires  a  right  to  pollute  a  stream  by  pouring  in  the  refuse-liquor 
produced  by  making  in  the  mill  paper  from  rags.  He  may  pollute  the  stream  by  pouring  in  similar  liquor 
produced by making in the mill paper by a new process from bamboos, provided that he does not substantially 
increase the amount, or injuriously change the nature, of the pollution. 

  (d) A, a riparian owner, acquires, as against the lower riparian owners, a prescriptive right to pollute a stream 
by throwing sawdust into it. This does not entitle A to pollute the stream by discharging into it poisonous liquor. 

24. **Right to do acts to secure enjoyment.** —The dominant owner is entitled[^1], as against servient 
owner, to do all acts necessary to secure the full enjoyment of the easement; but such acts must be 
done  at  such  time  and  in  such  manner  as,  without  detriment  to  the  dominant  owner,  to  cause  the 
servient  owner  as  little  inconvenience  as  possible;  and  the  dominant  owner  must  repair,  as  far  as 
practicable, the damage (if any) caused by the act to the servient heritage. 

  **Accessory rights.**—Rights  to  do acts  necessary  to secure  the full  enjoyment  of an  easement are 
called accessory rights. 

*Illustrations*

  (a) A has an easement to lay pipes in B’s land to convey water to A’s cistern. A may enter and dig the land 
in order to mend the pipes, but he must restore the surface to its original state. 

  (b) A has an easement of a drain through B’s land. The sewer with which the drain communicates is altered. 
A may enter upon B’s land and alter the drain, to adapt it to the new sewer, provided that he does not thereby 
impose any additional burden on B’s land. 

  (c) A, as owner of a certain house, has a right of  way over B’s land. The  way is out of repair, or a tree is 
blown down and falls across it. A may enter on B’s land and repair she way or remove the tree from it. 

  (d) A, as owner of a certain field, has a right of way over B’s land. B renders the way impassable. A may 
deviate from the way and pass over the adjoining land of B, provided that the deviation is reasonable. 

  (e) A, as owner of a certain house, has a right of way over B’s field. A may remove rocks to make the way. 

  (f) A has an easement of support from B’s wall. The wall gives way. A may enter upon B’s land and repair 
the wall. 

  (g) A  has  an  easement  to  have  his  land  flooded by  means  of  a  dam  in  B’s  stream.  The  dam  is  half  swept 
away by an inundation. A may enter upon B’s land and repair the dam. 

25. **Liability for expenses necessary for preservation of easement.**—The expenses incurred in 
constructing works, or making repairs, or doing any other act necessary for the use or preservation of 
an easement, must be defrayed by the dominant owner. 

26. **Liability for damage from want of repair.**—Where an easement is enjoyed by means of an 
artificial  work,  the  dominant  owner  is  liable  to  make  compensation  for  any  damage  to  the  servient 
heritage arising from the want of repair of such work.[^2]

27. **Servient owner not bound to do anything.**—The servient owner is not bound to do anything 
for the benefit of the dominant heritage, and he is entitled, as against the dominant owner, to use the 
servient heritage in any way consistent with the enjoyment of the easement; but he must not do any 
act tending to restrict the easement or to render its exercise less convenient. 

*Illustrations*

  (a) A, as owner of a house, has a right to lead water and send sewage through B’s land. B is not bound as sentient owner 
to clear the watercourse or scour the sewer. 

  (b) A grants a right of way through his land to B as owner of a field. A may feed his cattle on grass growing on the way, 
provided that B’s right of way is not thereby obstructed; but he must not build a wall at the end of his land so as to prevent B 
from going beyond it, nor must he narrow the way so as to render the exercise of the right less easy than it was at the date of 
the grant. 

  (c) A, in respect of his house, is entitled to an easement of support from B’s wall. B is not bound as servient owner to 
keep the wall standing and in repair. But he must not pull down or weaken the wall so as to make it incapable of rendering 
the necessary support. 

  (d) A, in respect of his mill, is entitled to a watercourse through B’s land. B must not drive stakes so as to obstruct the 
watercourse. 

  (e) A, in respect of his house, is entitled to a certain quantity of light passing over B’s land. B must not piant trees so as 
to obstruct the passage to A’s windows of that quantity of light. 

[^1]. But see s. 36, infra, as to abatement of obstruction of easement. 
[^2]. But see s. 50, infra, as to extinguishment or suspension of easement. 


 
28. **Extent of easements.**—With  respect  to  the  extent  of  easements  and  the  mode  of  their 
enjoyment, the following provisions shall take effect:— 

  **Easement of necessity.**—An easement of necessity is co-extensive with the necessity as it existed 
when the easement was imposed. 

  **Other easements.**—The  extent  of  any  other  easement  and  the  mode  of  its  enjoyment  must  be 
fixed with reference to the probable intention of the parties, and the purpose for which the right was 
imposed or acquired. 

  In the absence of evidence as to such intention and purpose— 

  (a) **Right of way.**— A right of way of any one kind does not include a right of way of any other 
kind; 

  (b) **Right to light or air acquired by grant.**—The extent of a right to the passage of light or 
air  to  a  certain  window,  door  or  other  opening,  imposed  by  a  testamentary  or  non-testamentary 
instrument, is the quantity of light or air that entered the opening at the time the testator died or the 
non-testamentary instrument was made; 

  (c) **Prescriptive right to light or air.**—The extent of a prescriptive right to the passage of light 
or  air to  a  certain  window,  door  or  other opening  is  that  quantity  of light  or  air  which  has  been 
accustomed to enter that opening during the whole of the prescriptive period irrespectively of the 
purposes for which it has been used; 

  (d) **Prescriptive right to pollute air or water.**—The extent of a prescriptive right to pollute air 
or water is the extent of the pollution at the commencement of the period of user on completion of 
which the right arose; and 

  (e) **Other prescriptive rights.**—The extent of every other prescriptive right and the mode of its 
enjoyment must be determined by the accustomed user of the right. 

29. **Increase of easement.**—The  dominant  owner  cannot,  by  merely  altering  or  adding  to  the 
dominant heritage, substantially increase an easement. 

  Where an easement has been granted or bequeathed so that its extent shall be proportionate to the 
extent  of  the  dominant  heritage,  if  the  dominant  heritage  is  increased  by  alluvion,  the  easement  is 
proportionately  increased,  and  if  the  dominant  heritage  is  diminished  by  dilluvion,  the  easement  is 
proportionately diminished. 

  Save  as  aforesaid,  no  easement  is  affected  by  any  change  in  the  extent  of  the  dominant  or  the 
servient heritage. 

*Illustrations*

  (a) A, the owner of a mill, has acquired a prescriptive right to divert to his mill part of the water of a stream. 
A alters the machinery of his mill. He cannot therbey increase his right to divert water. 

  (b) A has acquired an easement to pollute a stream by carrying on a  manufacture on its banks by  which a 
certain  quantity  of  foul  matter  is  discharged  into  it.  A  extends  his  works  and  thereby  increases  the  quantity 
discharged. He is responsible to the lower riparian owners for injury done by such increase. 

  (c) A, as the owner of a farm, has a right to take, for the purpose of manuring his farm, leaves which have 
fallen from the trees on B’s land. A buys a field and unites it to his farm. A is not thereby entitled to take leaves 
to manure this field. 

30. **Partition of dominant heritage.**—Where  a  dominant  heritage  is  divided  between  two  or 
more  persons,  the  easement  becomes  annexed  to  each  of  the  shares,  but  not  so  as  to  increase 
substantially the  burden  on the  servient  heritage:  provided that  such  annexation is 
consistent  with  the  terms  of  the  instrument,  decree  or  revenue  proceeding  (if  any)  under  which  the 
division was made, and in the case of prescriptive rights, with the user during the prescriptive period. 
 
*Illustrations*

  (a) A house to which a right of way by a particular path is annexed is divided into two parts, one of which is 
granted to A, the other to B. Each is entitled, in respect of his part, to a right of way by the same path. 

  (b) A house to which is annexed the right of drawing water from a well to the extent of fifty buckets a day is 
divided into two distinct heritages. one of which is granted to A, the other to B. A and B are each entitled, in 
respect of his heritage, to draw from the well fifty buckets a day; but the amount drawn by both must not exceed 
fifty buckets a day. 

  (c) A,  having  in  respect  of  his  house  an  easement  of  light,  divides  the  house  into  three  distinct  heritages. 
Each of these continues to have the right to have its windows unobstructed. 

31. **Obstruction in case of excessive user.**—In  the  case  of  excessive  user  of  an  easement  the 
servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the 
user,  but  only  on  the  servient  heritage:  provided  that  such  user  cannot  be  obstructed  when  the 
obstruction would interfere with the lawful enjoyment of the easement. 

*Illustration*

  A, having a right to the free passage over B's land of light to four windows six feet by four, increases their 
size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing 
the passage of light to the ancient windows. 13 cannot obstruct the excessive user. 

###CHAPTER IV 

###THE DISTURBANCE OF EASEMENTS 

32. **Right to enjoyment without disturbance.**—The owner or occupier of the dominant heritage 
is entitled to enjoy the easement without disturbance by any other person. 

*Illustration*

  A, as owner of a house, has a right of way over B’s land. C unlawfully enters on B’s land and obstructs A in 
his right of way. A may sue C for compensation, not for the entry, but for the obstruction. 

33. **Suit for disturbance of easement.**—The owner of any interest in the dominant heritage, or the 
occupier of such heritage, may institute a suit for compensation for the disturbance of the easement or 
of any right accessory thereto; provided that the disturbance has actually caused substantial damage to 
the plaintiff. 

  *Explanation I.*—The doing of any act likely to injure the plaintiff by affecting the evidence of the 
easement,  or  by  materially  diminishing  the  value  of  the  dominant  heritage,  is  substantial  damage 
within the meaning of this section and section 34. 

  *Explanation II.*—Where the easement disturbed is a right to the free passage of light passing to the 
openings in a house, no damage is substantial within the meaning of this section unless it falls within 
the  first  Explanation,  or  interferes  materially  with  the  physical  comfort  of  the  plaintiff,  or  prevents 
him from carrying on his accustomed business in the dominant heritage as beneficially as he had done 
previous to instituting the suit. 

  *Explanation III.*—Where the easement disturbed is a right to the free passage of air to the openings 
in a house, damage is substantial within the meaning of this section if it interferes materially with the 
physical comfort of the plaintiff, though it is not injurious to his health. 

*Illustrations*

  (a) A places a permanent obstruction in a path over which B, as tenant of C’s house, has a right of way. This 
is substantial damage to C, for it may affect the evidence of his reversionary right to the easement. 

  (b) A, as owner of a house, has a right to walk along one side of B’s house. B builds a verandah overhanging 
the way about ten feet from the ground, and so as not to occasion any inconvenience to foot-passengers using 
the way. This is not substantial damage to A. 

34. **When cause of action arises for removal of support.**—The removal of the means of support to 
which a dominant owner is entitled does not give rise to a right to recover compensation unless and until 
substantial damage is actually sustained. 

35. **Injunction to restrain disturbance.**—Subject  to  the  provisions  of  the  Specific  Relief  Act, 
1877[^1] (1  of  1877),  sections  52  to  57  (both  inclusive),  an  injunction  may  be  granted  to  restrain  the 
disturbance of an easement— 

  (a) if  the  easement  is  actually  disturbed  when  compensation  for  such  disturbance  might  be 
recovered under this Chapter; 

  (b) if the disturbance is only threatened or intended,—when the act threatened or intended must 
necessarily, if performed, disturb the easement. 

36. **Abatement of obstruction of easement.**—Notwithstanding the provisions of section 24, the 
dominant owner cannot himself abate a wrongful obstruction of an easement. 

###CHAPTER V 

###THE EXTINCTION, SUSPENSION AND REVIVAL OF EASEMENTS 

37. **Extinction by dissolution of right of servient owner.**—When, from a cause which preceded 
the imposition of an easement, the person by whom it was imposed ceases to have any right in the 
servient heritage, the easement is extinguished. 

  *Exception.*—Nothing in this section applies to an easement lawfully imposed by a mortgagor in 
accordance with section 10. 

*Illustrations*

  (a) A transfers Sultanpur to B on condition that he does not marry C. B imposes an easement on Sultanpur. 
Then B marries C. B’s interest in Sultanpur ends, and with it the easement is extinguished. 

  (b) A, in 1860, let Sultanpur to B for thirty years from the date of the lease. B, in 1861, imposes an easement 
on the land in favour of C, who enjoys the easement peaceably and openly as an easement without interruption 
for twenty-nine years. B’s interest in Sultanpur then ends, and with it C’s easement. 

  (c) A and B, tenants of C, have permanent transferable interests in their respective holdings. A imposes on 
his holding an easement to draw water from a tank for the purpose of irrigating B’s land. B enjoys the easement 
for twenty years. Then A’s rent falls into arrear and his interest is sold. B’s easement is extinguished. 

  (d) A mortgages Sultanpur to B. and lawfully imposes an easement on the land in favour of C in accordance 
with the provisions of section 10. The land is sold to D in satisfaction of the mortgage-debt. The easement is not 
thereby extinguished. 

38. **Extinction by release.**—An  easement  is  extinguished  when  the  dominant  owner  releases  it, 
expressly or impliedly, to the servient owner. 

  Such release can be made only in the circumstances and to the extent in and to which the dominant 
owner can alienate the dominant heritage. 

  An easement may be released as to part only of the servient heritage. 

  *Explanation I.*—An easement is impliedly released— 

    (a) where the dominant owner expressly authorises an act of a permanent nature to be done on 
the servient heritage, the necessary consequence of which is to prevent his future enjoyment of the 
easement, and such act is done is pursuance of such authority; 

    (b) where  any  permanent  alteration  is  made  in  the  dominant  heritage  of  such  a  nature  as  to 
show that the dominant owner intended to cease to enjoy the easement in future. 

  *Explanation II.*—Mere  non-user  of  an  easement  is  not  an  implied  release  within  the  meaning  of 
this section. 

[^1]. Ref. by Act 47 of 1963, s. 44 (w.e.f. 1-3-1964). 


 
*Illustrations*

  (a) A, B and C are co-owners of a house to which an easement is annexed. A, without the consent of B and 
C, releases the easement. This release is effectual only as against A and his legal representative. 

  (b) A grants B an easement over A’s land for the beneficial enjoyment of his house. B assigns the house to 
C. B then purports to release the easement. The release is ineffectual. 

  (c) A, having the  right to discharge  his eavesdroppings into B's  yard, expressly authorises B to build over 
this yard to a height which will interfere with the discharge. B builds accordingly. A’s easement is extinguished 
to the extent of the interference. 

  (d) A,  having  an  easement  of  light  to  a  window,  builds  up  that  window  with  bricks  and  mortar  so  as  to 
manifest an intention to abandon the easement permanently. The easement is impliedly released. 

  (e) A, having a  projecting roof by  means of  which he  enjoys an easement to discharge eavesdroppings on 
B’s land, permanently alters the roof, so as to direct the rain-water into a different channel and discharge it on 
C’s land. The easement is impliedly released. 

39. **Extinction by revocation.**—An easement is extinguished when the servient owner, in exercise 
of a power reserved in this behalf, revokes the easement. 

40. **Extinction on expiration of limited period or happening of dissolving condition.**—An 
easement is extinguished where it has been imposed for a limited period, or acquired on condition that 
it shall become void on the performance or non-performance of a specified act, and the period expires 
or the condition is fulfilled. 

41. **Extinction on termination of necessity.**—An easement of necessity is extinguished when the 
necessity comes to an end. 

*Illustration*

  A grants B a field inaccessible except by passing over A’s adjoining land. B afterwards purchases a part of 
that  land  over  which  he  can  pass  to  his  field.  The  right  of  way  over  A’s  land  which  B  had  acquired  is 
extinguished. 

42. **Extinction of useless easement.**—An easement is extinguished when it becomes incapable of 
being at any time under any circumstances beneficial to the dominant owner. 

43. **Extinction by permanent change in dominant heritage.**—Where, by, any permanent change 
in  the  dominant  heritage,  the  burden  on  the  servient  heritage  is  materially  increased  and  cannot  be 
reduced  by  the  servient  owner  without  interfering  with  the  lawful  enjoyment  of  the  easement,  the 
easement is extinguished, unless— 

    (a) it was intended for the beneficial enjoyment of the dominant heritage, to whatever extent the 
easement should be used; or 

    (b) the injury caused to the servient owner by the change is so slight that no reasonable person 
would complain of it; or 

    (c) the easement is an easement of necessity. 

  Nothing in this section shall be deemed to apply to an  easement entitling the dominant owner to 
support of the dominant heritage. 

44. **Extinction on permanent alteration of servient heritage by superior force.**—An easement 
is  extinguished  where  the  servient  heritage  is  by  superior  force  so  permanently  altered  that  the 
dominent owner can no longer enjoy such easement: 

  Provided that, where a way of necessity is destroyed by superior force, the dominant owner has a 
right to another way over the servient heritage; and the provisions of section 14 apply to such way. 

*Illustration*

  (a) A grants to B, as the owner of a  certain house, a right to fish in a river running through A’s 
land.  The  river  changes  its  course permanently and runs through C’s land. B’s easement is 
extinguished. 

  (b) Access to a path over which A has a right of way is permanently cut off by an earthquake. A’s 
right is extinguished. 

45. **Extinction by destruction of either heritage.**—An easement is extinguished when either the 
dominant or the servient heritage is completely destroyed. 

*Illustration*

  A has  a  right  of  way  over  a  road  running  along  the  foot  of  a  sea-cliff.  The  road  is  washed  away  by  a 
permanent encroachment of the sea. A’s easement is extinguished. 

46. **Extinction by unity of ownership.**—An  easement  is  extinguished  when  the  same  person 
becomes entitled to the absolute ownership of the whole of the dominant and servient heritages. 

*Illustrations*

  (a) A, as the owner of a house has a right of way over B’s field. A mortgages his house, and B mortgages his 
field to C. Then C forecloses both mortgages and becomes thereby absolute owner of both house and field. The 
right of way is extinguished. 

  (b) The dominant owner acquires only part of the servient heritage: the easement is not extinguished, except 
in the case illustrated in section 41. 

  (c) The servient owner acquires the dominant heritage in connection with a third person: the easement is not 
extinguished. 

  (d) The separate owners of two separate dominant heritages jointly acquire the heritage which is servient to 
the two separate heritages: the easements are pot extinguished. 

  (e) The  joint  owners  of  the  dominant  heritage  jointly  acquire  the  servient  heritage:  the  easement  is 
extinguished. 

  (f) A single right of way exists over two servient heritages for the beneficial enjoyment of a single dominant 
heritage. The dominant owner acquires one only of the servient heritages. The easement is not extinguished. 

  (g) A  has  a  right  of  way  over  B’s  road.  B  dedicates  the  road  to  the  public.  A’s  right  of  way  is  not 
extinguished. 

47. **Extinction by non-enjoyment.**—A continuous easement is extinguished when it totally ceases 
to be enjoyed as such for an unbroken period of twenty years. 

  A discontinuous easement is extinguished when, for a like period, it has not been enjoyed as such. 

  Such  period  shall  be  reckoned,  in  the  case of a  continuous  easement, from  the day  on  which its 
enjoyment was obstructed by the servient owner, or rendered impossible by the dominant owner; and, 
in the case of a discontinuous easement, from the day on which it was last enjoyed by- any person as 
dominant owner: 

  Provided that if, in the case of a discontinuous easement, the dominant owner, within such period, 
registers, under the Indian Registration Act, 1877[^1] (3 of 1877), a declaration of his intention to retain 
such easement, it shall not be extinguished until a period of twenty years has elapsed from the date of 
the registration. 

  Where an easement can be legally enjoyed only at a certain place, or at certain times, or between 
certain hours, or for a particular purpose, its enjoyment during the said period at another place, or at 
other times, or between other hours, or for another purpose, does not prevent its extinction under this 
section. 

  The circumstance that, during the said period, no one was in possession of the servient heritage, 
or that the  easement  could  not  be  enjoyed,  or that  a right  accessory thereto  was 
enjoyed, or that the dominant owner was not aware of its existence, or that he enjoyed it in ignorance 
of his right to do so, does not prevent its extinction under this section. 

[^1]. See now the Registration Act, 1908 (16 of 1908). 

 
 
An easement is not extinguished under this section— 

  (a) where the cessation is in pursuance of a contract between the dominant and servient owners; 

  (b) where the dominant heritage is held in co-ownership, and one of the co-owners enjoys the 
easement within the said period; or 

  (c) where the easement is a necessary easement. 

  Where  several  heritages  are  respectively  subject  to  rights  of  way  for  the  benefit  of  a  single 
heritage, and the ways are continuous, such rights shall, for the purposes of this section, be deemed to 
be a single easement. 

*Illustration*

  A has, as annexed to his house, rights of way from the high road thither over the heritages X and Z and the intervening 
heritage  Y.  Before  the  twenty  years  expire,  A  exercises  his  right of  way  over  X.  His  rights of  way  over  Y  and  Z  are  not 
extinguished. 

48. **Extinction of accessory rights.**—When  an  easement  is  extinguished,  the  rights  (if  any) 
accessory thereto are also extinguished. 

*Illustration*

  A has an easement to draw water from B’s well. As accessory thereto, he has a right of way over B’s land to 
and  from  the  well.  The  easement  to  draw  water  is  extinguished  under  section  47.  The  right  of  way  is  also 
extinguished. 

49. **Suspension of easement.**—An  easement  is  suspended  when  the  dominant  owner  become 
entitled to possession of the servient heritage for a limited interest therein, or when the servient owner 
becomes entitled to possession of the dominant heritage for a limited interest therein. 

50. **Servient owner not entitled to require continuance.**—The  servient  owner  has  no  right  to 
require  that  an  easement  be  continued;  and,  notwithstanding  the  provisions  of  section  26,  he  is  not 
entitled  to  compensation  for  damage  caused  to  the  servient  heritage  in  consequence  of  the 
extinguishment or suspension of the easement, if the dominant owner has given to the servient owner 
such  notice  as  will  enable him,  without  unreasonable  expense,  to protect  the  servient  heritage  from 
such damage. 

  **Compensation for damage caused by extinguishment or suspension.**—Where such notice has 
not  been  given,  the  servient  owner  is  entitled  to  compensation  for  damage  caused  to  the  servient 
heritage in consequence of such extinguishment or suspension. 

*Illustration*

  A, in exercise of an easement, diverts to his canal the water of B’s stream. The diversion continues for many years, and 
during that time the bed of the stream partly fills up. A then abandons his easement, and restores the stream to its ancient 
course. B’s land is consequently flooded. B sues A for compensation for the damage caused by the flooding. It is proved that 
A gave B a month’s notice of his intention to abandon the easement, and that such notice was sufficient to enable B, without 
unreasonable expense, to have prevented the damage. The suit must he dismissed. 

51. **Revival of easements.**—An  easement  extinguished  under  section  45  revives  (a)  when  the 
destroyed heritage is, before twenty years have expired, restored by the deposit of alluvion; (b) when 
the  destroyed  heritage  is  a  servient  building  and  before  twenty  years  have  expired  such  building  is 
rebuilt  upon  the  same  site;  and  (c)  when  the  destroyed  heritage  is  a  dominant  building  and  before 
twenty years have expired such building is rebuilt upon the same site and in such a manner as not to 
impose a greater burden on the servient heritage. 

  An  easement  extinguished  under  section  46  revives  when  the  grant  or  bequest  by  which 
the  unity  of  ownership  was  produced  is  set  aside  by  the  decree  of  a  competent  Court.  A  necessary 
easement extinguished under the same section revives when the unity of ownership ceases from any 
other cause. 

  A suspended  easement  revives  if  the  cause  of  suspension  is  removed  before  the  right  is 
extinguished under section 47. 

*Illustration*

  A, as the absolute owner of field Y, has a right of way thither over B’s field Z. A obtains from B a lease of Z 
for twenty years. The easement is suspended so long as A remains lessee of Z. But when A assigns the lease to 
C, or surrenders it to B, the right of way revives. 

###CHAPTER VI 

###LICENSES 

52. **“License” defined.**—Where  one  person  grants  to  another,  or  to  a  definite  number  of  other 
persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something 
which  would,  in  the  absence  of  such  right,  be  unlawful,  and  such  right  does  not  amount  to  an 
easement or an interest in the property, the right is called a license. 

53. **Who may grant license.**—A license may be granted by any one in the circumstances and to 
the extent in and to which he may transfer his interests in the property affected by the license. 

54. **Grant may be express or implied.**—The grant of a license may be express or implied from 
the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual 
for that purpose, may operate to create a license. 

55. **Accessory licenses annexed by law.**—All licenses necessary for the enjoyment of any 
interest,  or  the  exercise  of  any  right,  are  implied  in  the  constitution  of  such  interest  or  right.  Such 
licenses are called accessory licenses. 

*Illustration*

  A sells the trees growing on his land to B. B is entitled to go on the land and take away the trees. 

56. **License when transferable.**—Unlcss a different intention is expressed or necessarily implied, 
a license  to  attend  a  place  of  public  entertainment  may  be  transferred  by  the  licensee;  but,  save  as 
aforesaid, a license cannot he transferred by the licensee or exercised by his servants or agents. 

*Illustrations*

  (a) A  grants  B  a  right  to  walk  over  A’s  field  whenever  he  pleases.  The  right  is  not  annexed  to  any 
immovable property of B. The right cannot be transferred. 

  (b) The Government grant B a license to erect and use temporary grain-sheds on Government land. In the 
absence  of  express  provision  to  the  contrary,  B’s  servants  may  enter  on  the  land  for  the  purpose  of  erecting 
sheds, erect the same, deposit grain therein and remove grain therefrom. 

57. **Grantor’s duty to disclose defects.**—The  grantor  of  a  license  is  bound  to  disclose  to  the 
licensee  any  defect  in  the  property  affected  by  the  license,  likely  to  be  dangerous  to  the  person  or 
property of the licensee, of which the grantor is, and the licensee is not, aware. 

58. **Grantor’s duty not to render property unsafe.**—The grantor of a license is bound not to do 
anything likely to render the property affected by the license dangerous to the person or property of 
the licensee. 

59. **Grantor’s transferee not bound by license.** —When the grantor of the license transfers the 
property affected thereby, the transferee is not as such bound by the license. 

60. **License when revocable.**—A license may be revoked by the grantor, unless— 

  (a) it is coupled with a transfer of property and such transfer is in force; 

  (b) the  licensee,  acting  upon  the  license,  has  executed  a  work  of  a  permanent  character  and 
incurred expenses in the execution. 

61. **Revocation express or implied.**—The revocation of a license may be express or implied. 

*Illustrations*

  (a) A,  the  owner  of  a  field,  grants  a  license  to  B  to  use  a  path  across  it.  A,  with  intent  to  revoke  the 
license, locks a gate across the path. The license is revoked. 

  (b) A, the owner of a field, grants a license to B to stack hay on the field. A lets or sells the field to C. 
The license is revoked. 

62. **License when deemed revoked.**—A license is deemed to be revoked— 

  (a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the 
property affected by the license; 

  (b) when the licensee releases it, expressly or impliedly, to the grantor or his representative; 

  (c) where it has been granted for a limited period, or acquired on condition that it shall become 
void  on  the  performance  or  non-performance  of  a  specified  act,  and  the  period  expires,  or  the 
condition is fulfilled; 

  (d) where the property affected by the license is destroyed or by superior force so permanently 
altered that the licensee can no longer exercise his right; 

  (e) where the licensee becomes entitled to the absolute ownership of the property affected by 
the license; 

  (f) where  the  license  is  granted  for  a  specified  purpose  and  the  purpose  is  attained,  or 
abandoned, or becomes impracticable; 

  (g) where the  license is  granted  to the  licensee as  holding  a  particular  office, employment  or 
character, and such office, employment or character ceases to exist; 

  (h) where the license totally ceases to be used as such for an unbroken period of twenty years, 
and such cessation is not in pursuance of a contract between the grantor and the licensee; 

  (i) in the case of an accessory license, when the interest or right to which it is accessory ceases 
to exist. 

63. **Licensee’s rights on revocation.**—Where a license is revoked, the licensee is entitled to a 
reasonable time to leave the property affected thereby and to remove any  goods  which he has been 
allowed to place on such property. 

64. **Licensee’s rights on eviction.**—Where a license has been granted for a consideration, and the 
licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the 
license, the right for which he contracted, he is entitled to recover compensation from the grantor.